Constitutional Rights Of Prisoners Essay

Roger Daniels’ book Prisoners without Trial is another book that describes the internment of Japanese-Americans during World War II. This piece discusses about the background that led up to the internment, the internment itself, and what happened afterwards. The internment and relocation of Japanese-Americans during World War II was an injustice prompted by political and racial motivations. The author’s purpose of this volume is to discuss the story in light of the redress and reparation legislation enacted in 1988. Even though Daniels gives first hand accounts of the internment of Japanese Americans in his book, the author is lacking adequate citations and provocative quotations. It’s

The prisoners’ loss of some of their rights is part of their punishment for breaking the law if prisoners kept all their rights prison would not work because prison is meant to take away their freedom (Prisoner’s Rights). Prisoners have taken their rights to court multiple time only proving that the prisoners have a loose grasp of what rights they deserve and what prison really is resulting in many foolish cases which waste tax payer’s dollars (Prisoner’s Rights). For example, a prisoner in Westville Correctional facility in Indiana has filled over a hundred separate lawsuits in a time span of 8 years, including one where he sued because the prison would not provide him with pornographic magazines (Prisoner’s Rights). When committing a crime the prisoners’ lost the right to deny a search because now there is reasonable cause to search an inmate making it constitutional according to the 4th Amendment (Prisoner’s Rights). The 4th Amendment states that search and seizures are allowed when there is reasonable suspicion and being arrested falls under reasonable suspicion according to the U.S. Supreme Court (Strip

In conclusion, prisoners have more civil rights in American prisons than in many other countries, and prison conditions are much more humane in America than in many other countries. The challenge for the twenty-first century is maintaining a proper balance between the well-being of inmates and ensuring that incarceration is unpleasant enough to act as a deterrent to crime. The courts have developed a body of law that attempts to balance prisoners’ rights with the legitimate goals and concerns of

Over the past years, it have been obvious, that jailhouse lawyers have increased the number of lawsuits filed by prisoners. In the year of 1980, prisoners filed 12,395 petitions of civil rights claims and in the year of 2000, prisoners filed 24,463 petitions of civil rights claims, in the Federal Courts, by State prisoners.(Mays & Winfree Jr, 2005, pp.304). Jailhouse lawyers have helped inmates file these petitions against the Federal Courts, in the favor of other inmates challenging their conditions of confinement. The conditions of their confinement seems to be, prisoners way for wanting to receive a sentence reduction, sometimes, a release from prison. On the other hand, prisoners tend to use jailhouse lawyers to file petitions that

In the name of national security, our country infringes on the personal liberties of its citizens. Americans nationwide are being violated, as the government is not respecting their fourth, sixth, and eighth amendment rights. The founding fathers ensured that Americans were granted certain inalienable rights, but these liberties are dwindling exponentially, as we slide down a Constitutional slippery slope. The “War on Terror” has seriously compromised many personal liberties. From the Patriot Act’s comprehensive definition of domestic terrorism, to the unlawful treatment of inmates at Guantanamo Bay, the principles of due process, privacy, and equal protection under the law have been drastically undermined by a prying and intrusive government.

Prison inmates have not always had the rights in which they have today. First, there was once a policy in existence that separated the courts and prison management known as the Hands-off Doctrine (Schmalleger & Smykla, 2018). Meaning, the courts left most legal actions to the correctional facilities administration. During the existence of the Hands-Off Doctrine,

Whenever an inmate gets incarcerated or is found guilty for a conviction, many of their rights go away except for a select few. The few rights that prisoners get to keep are, but are not limited to, visitation rights, mail services, religious gatherings and studies, medical treatment and care, and access to courts and legal assistance. These services help inmates stay in touch with society and help inmates get treated fairly throughout the facility (Santillan, 2010). In 1969, there were approximately 300,000 people incarcerated in federal, state, and county jails or prisons. Today that number surpasses 2.4 million and to add to it, there are approximately 4 million under parole or probation (People’s Law Office).

These rights are working, having visits from family, use of the prison library, painting and music. Then when they felt like the prisoner was no longer a threat they would transfer them to a different prison. The prisoner has to stay at Alcatraz for five years before this could happen though. (#3) Alcatraz prison

Inmates held in the United State’s prison system face critical exposure to numerous violations of their basic human rights. Abuses of power present themselves in a myriad of ways, including; the unregulated approach in which prison facilities enforce solitary confinement, the misuse of “compassionate release” policies and the judicial system’s wrongful imprisonment of individuals suffering from mental illness and, or mental disability. In most cases, prisoners will experience at least one, if not all, of these disparaging interactions during incarceration. Without federal regulations demanding system accountability, the unjust applications of physical violence, non-lethal weaponry and and needless use of excessive force will continue to take place.

Another right, they should have is to be free from discrimination, meaning they can’t be mistreated based on ethnicity or religion or even age. If two people committed the same crime, then both should receive the same punishment and that should apply to all the prisoners in the nation.

United States Prison System The U.S. prison system is a highly effective safety system with over 1700 prisoners across the U.S. and about 2.2 million prisoners that were incarcerated in just 2013 alone. This may sound excessive, but as Edmund Burke once said "All that is necessary for the triumph of evil is that good people do nothing." The U.S. prison system definitely doesn't do nothing. Furthermore, prisons across the nation serve as places where evil is fairly and adequately punished, as a place for rehabilitation, an example of an efficacious crime control strategy and deterrent to future offenders.

According to a report by the Treatment Advocacy Center, in 2012 there is an estimated 356,268 individuals with severe mental illness house in prisons and jails, meanwhile there is only 35,000 individuals with mental illness residing in state psychiatric hospitals (Swanson, 2015). The number represent a disproportionate populations of people with mental illness residing in an inappropriate environment. Individual with mental disorder are often viewed as being different. They do not behave accordingly to the norm of society, which often result in their imprisonment as safety precaution to the general population. For example, a man with schizophrenia stabbed out both of his eyes with a pencil in his prison cell (Swanson, 2015).

When it comes to the United States, (U.S), the majority of the American people love their seconded amendment rights. As stated in the textbook, Constitutional Law and the Criminal Justice System by J. Scott Harr, Karen M. Hess, Christine Orthmann, the second amendment of the United States Constitution, for the most part, protects the U.S. citizens rights to “keep and bear arms” (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 167). That being said, each state in the U.S. will vary in their firearms laws. For instance, some states make it easier for their residence to purchase or use a firearm; other states may have stricter laws that require a more scrutinized screening process. To be more specific, most states vary in elements, such as the exceptions to the National Instant Criminal Background Check System, or NICS, the waiting period on purchasing firearms; if someone needs a license to own or purchase a gun; if registration is required; and if a record of the firearm sales is sent to the local police. Other factors that will differ from state to state would include, if some firearms are permitted or not allowed to be sold or owned by a state, the concealed carry laws, hunter protection laws; range protection laws, and finally, not all states have firearm injury lawsuit preemption.

There are five state prison systems in which exist in today's penitentiary systems and they are maximum-security prisons, close-high security prisons, medium-security prisons, and open security facilities. Variations between these five systems are common and uncommon because in a

The UK has been accused of breaching the European Convention of Human Rights Article 3 of protocol 1 by having a blanket ban on prisoners voting. The European Court of Human Rights (ECHR) promotes the idea that convicted prisoners should be allowed to vote and have a right to vote, despite the Conservative party being opposed to this view. As a result the ECHR have being pressuring the Tory’s to bow to their rules for many years. This essay will examine the history behind the debate of prisoners voting and, give reasons in favour of the ban and opposing to the ban, whilst strongly promoting the view that prisoners should not have the right to vote.